I. Introduction
In democratically constituted countries with a democratic constitution
state power is divided among different branches of government
organs - the legislative, the executive and the judiciary - and
each executes its duties and responsibilities as given in the
constitution.
This division of power is important for it:
a) enables the other party not to operate outside its duties and
responsibilities;
b) assists the three organs to counter check each other and have
a legally balanced responsibilities;
c) serves as a major instrument and guarantee for safeguarding
the constitutional rights of the people.
The constitution of the country depicts a federal democratic republic
type of governance, which manifests itself through the division
of the federal states into nine regions and sharing government
power among the three government organs. /Art. 45, 46(1) and 50(2)
of FDRE Constitution/
Accordingly, the Oromia Regional State is founded as a regional
state with three government organs: namely the legislative, the
executive and the judiciary by adopting its own Constitution in
1987.
Nevertheless, the Constitution was not clear enough, especially
in terms of defining the duties and responsibilities vested on
these government organs. In particular, there has been an overlapping
of duties and responsibilities of the legislative and the executive.
The regional state, taking into consideration the problems that
have been arising from the overlapping conditions and absence
of a clear demarcation of duties and responsibilities on its extra-ordinary
session that convened on October 27, 2001 (Tikmit 17/ 1994 EC)
in Adama town, issued the Revised Constitution No 46/2001 and
reconstituted the government by dividing the state power among
the three government organs. And these government organs are made
to function independently according to the duties and responsibilities
vested on them by the revised regional constitution. Earlier there
was no clear demarcation line between the legislative and the
executive organs of the government; and the two bodies were collectively
called by the name 'Caffee' which was given exclusively to the
legislative organ of the Regional State.
But, after the extra-ordinary session the name 'Caffee' that
used to serve as a name for the two government organs, i.e., the
legislative & the executive came to serve only the legislative
body, as the parliaments that have their own name, like the Russian
Duma.
In the revised Constitution (Proclamation No 46/1994), which was
endorsed and became into effect it is clearly stated in,
1. Article 46(1) that, “ Legislative power is vested in
the supreme organ ‘Caffee Oromia’ who in turn is responsible
to the electorate and also,
2. Article 46(2) that, “Executive power of the State is
vested in the administrative council who in turn is responsible
to ‘Caffee Oromia', and The Regional Administrative Council
comprises the President, Vice President, Bureau heads and other
members as determined by law /Article 54(1)/, Proclamation No.
49/94 Article 6(1)/ and that they are two different entities while
most people from every walk of life wrongly continues on calling
these organs by the same name, ‘Caffee’. Even, this
name was also wrongly used for the councils that are established
at the woreda and kebele levels.
II. 'Caffee' Seats and structure
1. 'Caffee' Seats
The 'Caffee' with its total seats of 537 is the highest authority
in the government hierarchy of the Regional Government. Out of
537 members that are elected from 179 ballot stations in May,
2000, 467 (86.9%) are males and 70(13.1%) are females; of the
total seats 535 (99.6%) are allocated to the Oromo Peoples' Democratic
Party (OPDO) while the remaining 2 seats (0.4%) are allocated
to All Amharas Party members. Currently, the numbers of vacant
seats due to different reasons are 19.
2. 'Caffee' Structure
The 'Caffee' after being reorganized by the extra-ordinary assembly
to have its own structural entity has commenced its operation
by issuing the regions revised Constitution, elected its own Speakers
and Deputy Speakers. And also, based on Proclamation No 55/1994
article 9(1) the assembly of the 4th session (March 31 - April
3/2002) established on April 3, 2002 its own standing committees:
• The Administrative & Legal Affairs Standing Committee,
• The Economic, Budget & Finance Affairs Standing Committee,
• The Peoples Organization & Social Affairs Standing
Committee, from twelve zones and two special zones, each with
14 members elected from among the ‘Caffee’ members.
Duties and Responsibilities of standing committee
The three standing committees have their own duties and responsibilities
and one of their duties and responsibilities is that was stated
in proclamation No. 55/2002 article 10 (1) b which shows that
the committees follow up the performance of the activities of
government organs assigned to them.
The government organs referred to the committees are: -
1. The Administrative and the Legal Affairs Standing Committee
follow up and examine the activities of the following government
organs.
a) The Administrative Council of the Regional State,
b) The Supreme Office of The Administrative and Legal affairs,
c) The Judiciary of the Regional State,
d) Other government organs accountable to office specified under
sub-articles (b) of this article.
2. The Economy, Budget and Finance Affairs Standing Committee
follow up and examine the activities of the following government
organs
a) The Rural and Agricultural Development Supreme Office,
b) The Industrial and Economic Development Supreme office,
C) The Finance and Economic Development Bureau,
d) The Water Development Bureau,
e) The Auditor General Office,
f) Other government organs accountable to article 4(a) and (b)
3. The People's Organization and Social Affairs Standing Committee
follow up and examine the activities of the following government
organs.
a) The Capacity Building Supreme Office
b) Information and Public Relations Supreme Office,
c) The People's Organization Supreme Office,
d) The Public Health Bureau,
e) HIV/AIDS Prevention and Control Coordination office,
f) Other government organs accountable to the offices specified
under sub-article (a), (b) and (c) of this Article.
III. Duties & Responsibilities of the 'Caffee'
Although the duties & responsibilities of the 'Caffee' are
those set in detail by the Regions' Constitution article 49, the
major one's are stated in The Proclamation to Define The Structure,
Duties and Meeting Procedures of 'Caffee' Oromia No. 55/1994 EC,
article 3 (a)-(q).
Principal Powers and Functions of The 'Caffee'
To implement the detailed powers and functions assigned to it
pursuant to article 49 of The Constitution, The 'Caffee' shall:
a) Enact laws;
b) Follow up and examine the plan and implementation of the activities
of office of The President, Administrative Council, other executive
organs and The Judicial body of The Regional State; and give the
necessary directives;
c) Appoint or approve appointment of heads of various organs as
stipulated in The Constitution;
d) Establish its standing and ad hoc committees as it deems necessary
to accomplish its work;
e) Give technical assistance to the District and Kebele Councils
established pursuant to article 76 and 91 of the Constitution
respectively;
f) Discharge other duties as it deems necessary to maintain the
general will and interest of its electorate;
V. CONCLUDING REMARK
Some of the major duties anf functions of ‘Caffee’
Oromia have been explained in this article. We hope through this
article the general readership may have come to know the legislative
organ of the government, ‘Caffee’ Oromia and what
its duties and functions are, the proclamations that were enacted.
And in the near future we will include all the proclamations that
were in our web page.